A defendant shall be punished by imprisonment for three years.

However, the execution of a sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Criminal facts

On June 26, 2015, at around 23:20 on June 26, 2015, the Defendant drinked the victim D (n, 17 years of age) who was a high school town, and took care of the victim at around 02:00 on the following day, and 02:00 on the day following the day, the Defendant was going to a public toilet near the bus stops located in Namnam-gun E, and kid the victim, and the Defendant was able to talk with the victim, and the victim was tight and resisting the Defendant, and sent the victim to the house.

In other words, even though they were forced to do so, they exceeded the victim's panty and panty, and have sexual intercourse by inserting the defendant's sexual organ into the victim's sexual organ.

Accordingly, the defendant raped the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of video recording CD-related Acts and subordinate statutes;

1. Article 7 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Child under the relevant Act on criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where the registration of personal information of a child exempted from the disclosure order and notification order, and the conviction of a defendant against a person who submitted such information is finalized, in accordance with the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in light of the defendant's age (the age of 19 years), criminal records, possibility of edification, social relationship, etc., as well as benefits and preventive effects expected from the disclosure order and notification order, and disadvantages and side effects therefrom, etc., the defendant is subject to registration of personal information of a person subject to registration of personal information pursuant to Article 42(1) of the same Act, and the defendant is obligated to submit such information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Imprisonment with prison labor for a period of two years and six months and fifteen years;

2. Whether the sentencing criteria are applied or not.